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Wednesday, July 15, 2015

Michael Scott Ponce Charged with Violating Federal Firearms Laws

ALBUQUERQUE – Michael Scott Ponce, 38, of Albuquerque, N.M.,
made his initial appearance in federal court this morning on a criminal
complaint charging him with being a felon in possession of a firearm and
ammunition.Ponce waived his right to a
detention hearing and will be detained pending trial.

The federal charge against Ponce was announced by U.S.
Attorney Damon P. Martinez, 2nd Judicial District Attorney Kari E. Brandenburg,
Special Agent in Charge Thomas G. Atteberry of the Phoenix Field Division of
the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Chief Gorden
Eden, Jr., of the Albuquerque Police Department (APD).

U.S. Attorney Damon P. Martinez said that this case is being
prosecuted as part of a federal anti-violence initiative that targets “the
worst of the worst” offenders for federal prosecution.Under this initiative, the U.S. Attorney’s
Office and federal law enforcement agencies work with New Mexico’s District
Attorneys and state, local and tribal law enforcement agencies to target
violent or repeat offenders for federal prosecution with the goal of removing
repeat offenders from communities in New Mexico for as long as possible.Because New Mexico’s violent crime rates, on
a per capita basis, are amongst the highest in the nation, New Mexico’s law
enforcement community is collaborating to target repeat offenders from counties
with the highest violent crime rates, including Bernalillo County, under this
initiative.

“Taking armed felons off our streets is our primary
mission,” said ATF Special Agent in Charge Thomas G. Atteberry.“I want to recognize the bravery of our
agents and the officers of the Albuquerque Police Department for their
commitment to pursuing dangerous armed felons.”

“The assistance of
our federal law enforcement partners and the willingness of U.S. Attorney’s
Office to pursue federal charges against repeat offenders are having a
dramatic, positive impact in our city,” Albuquerque Police Chief Gorden Eden
said. “Working together, we are sending a message to repeat offenders that
violent crime will not be tolerated.”

The criminal complaint alleges that Ponce unlawfully
possessed a firearm and ammunition on June 27, 2015, in Bernalillo County,
N.M.According to the criminal
complaint, on June 27, 2015, APD officers who responded to reports of a
shooting in downtown Albuquerque observed a vehicle driven by Ponce as it
struck another vehicle as Ponce allegedly attempted to flee from the area.APD officers pursued Ponce into a residential
neighborhood where they took him into custody.As they were arresting Ponce, the officers allegedly observed a firearm
cartridge in Ponce’s vehicle.Before
they arrested Ponce, the APD officers observed Ponce throw an item from his
vehicle, and later found a semiautomatic pistol in the area where they had
observed Ponce throw the object.

According to court records, on June 27, 2015, Ponce was
prohibited from possessing firearms or ammunition because he previously had
been convicted of two counts of aggravated assaults with a deadly weapon,
aggravated battery with a deadly weapon causing great bodily harm, and
trafficking a controlled substance in the Second Judicial Court for the State
of New Mexico in Bernalillo County.Ponce also had a prior federal conviction on a cocaine trafficking
charge.At the time of his arrest on
June 27, 2015, Ponce was on supervised release after having served a sentence
of incarceration on the federal conviction.

Ponce was arrested on June 27, 2015, on related state
charges and remained in state custody until July 13, 2015, when he was
transferred to federal custody.The
state charges against Ponce will be dismissed in favor of federal prosecution.

If convicted of the charge in the criminal complaint, Ponce
faces a statutory maximum penalty of ten years in federal prison.If the court determines that Ponce is an
armed career criminal, he faces an enhanced sentence of a mandatory minimum of
15 years in prison to a maximum of life imprisonment.Charges in criminal complaints are mere
accusations.Defendants are presumed
innocent unless found guilty in a court of law.

This case was investigated by the ATF office in Albuquerque
and APD with assistance from the Bernalillo County Sheriff’s Office and the
Second Judicial District Attorney’s Office.Assistant U.S. Attorney Paul Mysliwiec is prosecuting the case.